1.By a letter dated 21st November 2018, the Joint Committee on Statutory Instruments has requested a Memorandum on the following point:
In relation to vessels which are not United Kingdom fishing vessels, explain why S.I. 2018/1108 applies while those vessels are in “a United Kingdom port or United Kingdom waters”, whereas S.I.s 1106 and 1107 apply while those vessels are in “United Kingdom waters” only.
2.As UK waters include the waters within UK ports, there is no substantive difference between the two provisions. The drafting follows the precedent of related legislation implementing the Maritime Labour Convention, 2006 on medical certification, survey and certification and other provisions of the MLC (S.I. 2010/737, S.I. 2013/1785 and S.I. 2014/1613 respectively).
3.The Department acknowledges that this could be misconstrued as signifying different scope of application for the three instruments above and will address this in guidance.
Department for Transport
27 November 2018
Published: 7 December 2018